Subpart 1.
Display for sale.
No person shall display for sale any restricted use
pesticides in any public area of a store or other place to which the general
public has access unless displayed by a sign or placard bearing the following
statement in capital letters not less than two inches high: "RESTRICTED USE
PESTICIDES -- USER MUST BE CERTIFIED."
Subp. 2.
Sale and distribution to
unlicensed or uncertified persons.
A pesticide dealer licensed under Minnesota Statutes, section
18B.31,
may offer for sale, sell, and as provided in subpart
3 make restricted use
pesticides available to an unlicensed or uncertified person for application by
a person licensed or certified under Minnesota Statutes, sections
18B.29
to
18B.36.
Subp. 3.
Making restricted
use pesticides available; record keeping.
A. A restricted use pesticide is considered
to be made available when it is picked up by or delivered to a
person.
B. At the time a restricted
use pesticide is made available to a person, the pesticide dealer or a person
working under the supervision of the pesticide dealer must obtain:
(1) the date that the restricted use
pesticide is made available;
(2)
the name and address of the person to whom the restricted use pesticide is made
available if the person is not licensed or certified under Minnesota Statutes,
sections
18B.29
to
18B.36;
(3) the name and the license or certification
number of the applicator who will be applying the restricted use pesticide, the
expiration date of the applicator's license or certification, and the original
or a facsimile copy of the applicator license or certification card if the
applicator is licensed or certified by a state other than Minnesota;
and
(4) the pesticide product brand
name, EPA registration number, and amount of restricted use pesticide being
made available.
C. All
information required under item B must be recorded, either manually or on a
computer, by the end of the business day in which a restricted use pesticide is
made available to a person. All records must be kept on forms provided by the
commissioner. Records may be kept by computer if all information required in
item B is included in the computer record.